Scottish Court of Session Decisions

Subject_1 WITNESS.

Earl of March
v.
A Sawyer.

1749, Nov. 21.
Case No. No. 27.

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The Countess of March having made over a bond of L. 10,000, the question was anent the delivery or not delivery. In the proof Mr Sawyer adduced two witnesses who had been the instrumentary witnesses to the bond, one of them, Dickie, is Mr Sawyer's agent in this process, the other Lamb, is Mr Sawyer's clerk in his office of paymaster, and Lord March alleges was present at consultations. As to the first, besides the case and others of that kind mentioned in the minutes, I mentioned the case 22d July 1742, (No. 16.) where the father and brother of the creditor, instrumentary witnesses to his bond, which was granted by a minor, were not admitted to prove that minor majorem se dixit. We sustained the objection against Dickie. Pro were Dun, Monzie, Shewalton, Justice Clerk, et ego. Con. were Milton, Minto, Easdale, Murkle,—and the President seemed of the last opinion. Drummore did not vote. We repelled the objection to Lamb, because they did not offer to prove partial counsel. 12th January 1750, We adhered, because they did not sufficiently qualify Lamb's acting as agent. But on appeal Dickie was ordered to be received cum nota.